INDHIRANI AND OTHERS Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL – CUM LABOUR COURT AND OTHERS

JUDGEMENT

(1.) The challenge in this intra-Court appeal is to the order of the learned Single Judge dated 25.09.2014 made in W.P.No.23150 of 2012. The respondent herein had challenged the award of the Central Industrial Tribunal cum Labour Court, Chennai dated 21st July 2011 made in Industrial Dispute No.3 of 2008. Under the said award, the Labour Court while setting aside the punishment of dismissal imposed on one N.Rajan deceased employee of the respondent Port Trust, directed payment of 50% of back wages along with a notional reinstatement into the service with continuity of service and all attendant benefits till the date of his death or superannuation which ever is earlier. The Industrial Tribunal had also directed the respondent to provide job to any one of the legal heirs on compassionate grounds. The Industrial Dispute arose in the following background:-

(2.) The husband of the 1st appellant one N.Rajan who was working as a Maistry in the 2nd respondent Port Trust was charge sheeted for unauthorized absence for 84 days between 07.07.1998 to 28.09.1998, a charge memo was issued on 28.11.1998 and an enquiry Officer was also appointed. During the enquiry, the employee had admitted the absence and claimed that he could not attend duty due to a state of depression suffered by him. Finding him guilty on the basis of his admissions, the enquiry officer filed a report to that effect.

(3.) The Traffic Manager of the 2nd respondent Port Trust issued a second show cause notice on 27.07.1999 proposing to impose a punishment of dismissal from service. The Traffic Manager on receipt of the explanation for the second show cause notice concurred with the findings of the Enquiry Officer and also found that the said N.Rajan was absent from duty from 07.01.1998 to 20.04.1999 and from 09.08.1999 to 17.08.1999. It was also found that he has not even completed his probation because of his continued absence. The Traffic Manager also took note of the prior conduct of the employee and the punishment of censure, stoppage of increments imposed on him and decided that his continuance in the service will not be beneficial to the Port Trust. Hence the Traffic Manager by his order dated 04.10.1999 imposed a punishment of dismissal from service.